On Point: C. Unpublished Opinions

State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12

court of appeals decision (not recommended for publication); case activity

Counsel – Substitute 

Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,” on the eve of trial after the charge had been pending for some time;

State v. Eric Dominique Lesueur, 2011AP1550-CR, District 3, 6/26/12

court of appeals decision (not recommended for publication); case activity

By not asserting a discovery violation, for the State’s failure to provide a CD of a witness interview, trial counsel waived any potential issue, and review is limited to counsel’s effectiveness, ¶5. Lesueur can’t meet his burden of IAC-prejudice:

¶8        Lesueur did not establish Strickland prejudice.  

State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12

court of appeals decision (not recommended for publication); case activity

Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.”

 ¶17      Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any meaningful way was deficient because it was not,

Samex 1, LLC v. Bruce Buschman, 2011AP2634, District 1, 6/26/12

court of appeals decision (1-judge, ineligible for publication)

¶2 n. 1:

If this appeal were not moot, our resolution of the appeal would have been difficult, if not impossible, because the transcript is not very helpful; there are more than two-dozen instances of “(Indiscernible)” or “(indiscernible)” in but a twenty-one page transcript.  Additionally, one of the sworn witnesses is merely identified as “A FEMALE.”  (Bolding omitted.)  The circuit court is responsible for the court reporter assigned to its court,

State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶19      Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls.  Hoff did not awake to Gostovich’s shouting or knocking.  When he finally awoke, he was disorientated and confused, and that disorientation “did not dissipate.”  Hoff’s speech was slowed,

Village of Elm Grove v. Richard K. Brefka, 2011AP2888, District 1/2, 6/19/12, WSC review granted 11/14/12

court of appeals decision (1-judge, ineligible for publication), supreme court review granted 11/14/12; case activity

The municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearings, given the clear language of §§ 343.305(9)(a)4. and (10)(a). Village of Butler v.

State v. Matthew J. Laughrin, 2011AP1600-CR, District 1, 6/12/12

court of appeals decision (not recommended for publication); case activity

Laughrin, after pleading guilty to second-degree reckless homicide for providing a controlled substance (Suboxone) to someone who died after ingesting it, sought pre-sentencing plea-withdrawal on the basis of an expert’s report that Suboxone alone generally doesn’t cause death. The trial court denied the motion, and the court of appeals now affirms.

State v. Elbert H., 2012AP446 / State v. Stacee P., 2012AP169, District 1, 6/12/12

court of appeals decision (1-judge, ineligible for publication); for Elbert H.: Devon M. Lee, SPD, Madison Appellate; case activity; for Stacee P.: Gregory Bates; case activity

The relevant agency’s responsibility to make a reasonable effort to provide court-ordered services encompasses post-petition activity:

¶8        Stacee P.’s contention that the proof of “reasonable effort” are limited to activities antedating the petition is belied by the statute,

State v. Daniel Lee Rueden, Jr., 2011AP001034-CR, District 4, 6/7/12

court of appeals decision (not recommended for publication); for Rueden: Eileen A. Hirsch, Kaitlin A. Lamb, SPD; case activity

Felon-in-possession, § 941.29, is not unconstitutional either facially or as applied in this instance; State v. Pocian, 2012 WI App 58, deemed controlling.

¶6        We need not discuss the specifics of Rueden’s facial and as-applied challenges because,

State v. Alexander Velazquez-Perez, 2010AP001128-CR, District 1/4, 6/7/12

court of appeals decision (not recommended for publication); for Velazquez-Perez: David Leeper; case activity

The court of appeals has authority to extend the deadline for filing a postconviction motion; Velazquez-Perez filed his motion within the deadline as extended by the court of appeals, and jurisdiction attached over appeal of the subsequent denial:

¶19      We conclude we have jurisdiction over the plea withdrawal court’s May 2,